UNITED LABOUR FEDERATION Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner is a Trade Union with registration No,2657/CNI. THE said trade union challenged the order of the first respondent, dated 28.2.2008 and after setting aside the same, sought for a direction to the first respondent to refer the dispute of illegal retrenchment of employees for adjudication by the Principal Labour Court, Chennai, wherein an another industrial dispute in I.D.No,350/2008 is pending.

(2.) BEFORE the petitioner union, another union by name Thiruvallur Mavatta Podhu Thozhilalar Sangam, (affiliated to the CITU), raised an industrial dispute by its letter, dated 13.11.2007 in transferring 15 workers including three office bearers to their factory at Faridabad. Those workers were denied employment at Chennai Office. Even during the pendency of the dispute before that Union, 54 workers were transferred. This was also informed to the Conciliation Officer, who was the Deputy Commissioner of Labour-2, Chennai.

(3.) THE grievance of the petitioner Union was that subsequent to the transfer orders, the same workers were illegally retrenched. It was also the subject matter of industrial dispute, for which the petitioner union had made a representation before the Conciliation Officer on 30.5.2008. Bur for the reasons best known to them, the Conciliation Officer had not referred to the demand relating to their retrenchment.